4903-0796-4742 v1
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202
STATE OF CALIFORNIA
OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section
27383
SPACE ABOVE THIS LINE FOR RECORDER'S USE
County: San Mateo
LEASE 4585
This Lease consists of this summary and the following attached and incorporated parts:
Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF PACIFICA, hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.
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MAILING ADDRESS:
151 Milagra Drive
Pacifica, CA 94044
LEASE TYPE:
General Lease – Public Agency Use
LAND TYPE:
Sovereign tide and submerged land
LOCATION:
Pacific Ocean, near Pacifica, San Mateo County, as described in Exhibit A attached and by this reference made a part hereof.
LAND USE OR PURPOSE:
Public fishing pier, restaurant/café, restrooms, non-operational sewer pipeline, educational/research and seawall.
TERM:
20 years; beginning Month Day, 2026; ending Month Day, 2046, unless sooner terminated as provided under this Lease.
CONSIDERATION:
The public use and benefit, as stated in Section 2, Paragraph 6, “Consideration and Pier Revenue.”
AUTHORIZED IMPROVEMENTS:
X EXISTING: Public fishing pier, restaurant/café, restrooms, non-operational sewer pipeline, educational/research and seawall.
LIABILITY INSURANCE:
$0
SURETY BOND OR OTHER SECURITY:
$0
SECTION 2: SPECIAL PROVISIONS
BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:
4903-0796-4742 v1
1. The land described in Exhibit A of the Lease is subject to the Public Trust and is presently available to members of the public for recreational, waterborne commerce, navigation, fisheries, open space, or other recognized Public Trust uses and that Lessee’s authorized activities and use of the Lease Premises shall not interfere or limit the Public Trust rights of the public.
2. Lessee shall provide records of timing and duration of pier closures as a result of flooding (wave-overtopping) or storm-related damage that impedes access to the lease area, when requested by Lessor and provided that Lessee maintains such records.
3. Lessee shall provide records of timing and extent of damage to the seawall as a result of flooding (wave-overtopping) or storms, when requested by Lessor and provided that the Lessee maintains such records, has knowledge of the damage to the seawall and has undertaken Repairs to the Improvements to correct the damage.
4. Consideration and Pier Revenue
a. Section 3, paragraphs 2.2-2.9 are deleted in their entirety. The consideration for granting this Lease is the use and benefit provided to the public. b. Lessee agrees that all revenue accruing to the Lessee from use of the Lease Premises, defined below as Gross Income, shall be used solely for the payment of Expenses.
c. Lessee shall establish and maintain a separate account for the deposit of Gross Income and for the payment of Expenses. Any money remaining in the account at the termination and non-renewal of this Lease shall be transferred to the State of California, through the California State Lands Commission. d. Consistent with Section 3, Paragraph 2.10, Lessee shall maintain full and accurate accounting of Gross Income and Expenses. Lessee shall make such records available to Lessor’s staff upon request.
e. For purposes of this paragraph:
i. “Gross Income” shall include all income from operations and activities conducted on or over the Lease Premises but shall not include any tax payable to federal, state, county, or municipal governments as a direct result of operations under this Lease, provided that these taxes are clearly segregated and identified in Lessee’s books and records. 4903-0796-4742 v1
ii. “Expenses” shall include Lessee’s direct and indirect costs related to the operation, maintenance, and repair of improvements authorized under the Lease, including administrative costs.
f. Lessee reserves the right at any time to set a monetary rent if the Commission finds such action to be in the State’s best interests. Such monetary rent may be based on a percentage of Gross Income.
5. Emergency Repairs. Section 3, paragraph 9.2 shall be amended to add the following sentence, “Notwithstanding the foregoing, in the event Emergency Repairs are needed to be made to the Lease Premises, the Lessee may make those Emergency Repairs without giving prior to notice to Lessor. However, Lessee shall inform Lessor of the Emergency Repairs within ten calendar days of the event that necessitated the Emergency Repairs”
a. For purposes of this paragraph:
i. “Emergency Repairs” shall include both Minor or Major Repairs that are urgent and unexpected and are required to address critical issues that could cause significant damage, harm, or loss to the Lease Premises or the public if not addressed immediately. These emergency repairs are typically unforeseen and need to be completed quickly to prevent further damage or maintain safety.
6. Closure of Pier. Lessee may exclude persons from the Lease Premises during periods of Major Repairs or Emergency Repairs as well as periods of flooding, king tide events or because of inclement weather.
7. Lessee to Indemnify Lessor. Section 3, paragraph 11.2 shall be replaced in its entirety to read as follows:
“Lessee to Indemnify Lessor. Except to the extent caused by the sole negligence or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance and enjoyment of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) 4903-0796-4742 v1
Lessee’s failure to comply with any Applicable Laws or violation of any Environmental Laws; (8) The costs for any cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during Lessee’s occupation of the Lease Premises. This obligation includes the prior agreement between Lessee and Lessor dated June 1, 1971, and will continue until Lessee has performed all duties under Paragraph 14.”
8. Lessee to Notify Lessor. Section 3, paragraph 11.4 shall be amended to read as follows:
“Lessee shall notify Lessor in case of any accident, injury, or casualty on the Lease Premises within a reasonable period of time after the Lessee becomes aware of the accident, injury or casualty on the Lease Premises.”
9. Lessee agrees the provisions of Section 3, Paragraph 8, shall also extend to the period of Lessee’s occupation of the Lease Premises, from June 1, 2020 to Month Day, 2026.
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Section 3 General Provisions Page 1 of 22 Form 51.16 (Rev. 4/24) Section 3: General Provisions
Paragraph 1: Definitions
“Applicable Laws” are all local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, judgments, orders, notice requirements, and other requirements of governmental authorities pertaining to the use or condition of the Lease Premises and the conduct of Lessee’s business thereon in effect as of the date of execution of this Lease or subsequently enacted and lawfully applied hereto.
“Damages” are all liabilities, demands, claims, actions, or causes of action whether regulatory, legislative, or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs, and expenses, including, without limitation: (i) reasonable attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Applicable Laws, Environmental Laws, a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also includes those Damages that arise as a result of strict liability, whether arising under Environmental Laws or otherwise.
“Environmental Laws” are any and all federal, state, or local environmental, health, or safety-related laws, regulations, standards, decisions of courts, ordinances, rules, codes, orders, decrees, directives, guidelines, permits, or permit conditions, treaties and conventions, currently existing and as amended, enacted, issued, or adopted in the future that are or become applicable to Lessee, and the Lease Premises with respect to: (a) the protection, preservation, or clean-up of the environment, wildlife, habitat, or natural resources; (b) the use, treatment, storage, transportation, handling, or disposal of Hazardous Materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; or (e) the health and safety of persons or property.
“Hazardous Materials” are any chemical, substance, material, controlled substance, object, condition, waste, living organism, or combination thereof that is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, 4899-0946-9075 v1
Section 3 General Provisions Page 2 of 22 Form 51.16 (Rev. 4/24) carcinogenicity, mutagenicity, phytotoxicity, infectiousness, or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), and all of those chemicals, substances, materials, controlled substances, objects, conditions, wastes, living organisms, or combinations thereof that are now or become in the future listed, defined, or regulated in any manner by any Environmental Laws based on, directly or indirectly, such properties or effects.
“Improvements” are any modification, alteration, addition, or removal of any material and any other action that changes the condition of the Lease Premises from the natural state, whether situated above, on, or under the Lease Premises.
Improvements include any construction situated on or placement of material within the Lease Premises regardless of value.
“Lease” is this document together with all subsequent amendments and exhibits.
“Major Repairs” means any work that requires a permit or approval from other agencies, requires environmental review, or requires rebuilding or replacing any of the authorized Improvement(s).
“Mineral Resources” includes timber, crops, sand, oil, gas, hard rock minerals and other mineral deposits as defined in Public Resources Code section 6407. “Natural Resources” are all of the flora and fauna native to both the upland terrestrial, fresh water, coastal and marine ecosystems within, and adjacent to, the lease premises.
“Public Trust” means the constitutional, statutory, and common law doctrine providing the state’s sovereign authority over the navigable waters of the state, including the tidelands and submerged lands underlying those waters that are held in trust for the benefit of all the people of the state and for purposes that include maritime or water-dependent commerce, navigation, fisheries, the preservation of lands in their natural state for scientific study, open space, wildlife habitat, and water-oriented recreation.
“Repairs” means work to maintain the Lease Premises and Improvements thereon in good, safe, and clean condition. Repairs are work that is minor in scope, do not require obtaining permits, approvals, or authorizations from other agencies, such as building permits, and do not require environmental review under State or Federal environmental laws.
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Section 3 General Provisions Page 3 of 22 Form 51.16 (Rev. 4/24) Paragraph 2: Rent
2.1. Absolute Triple Net Lease. This Lease is an absolute triple net lease, meaning Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities, repairs, or other costs or obligations associated with the Leased Premises, except as expressly stated herein.
2.2. Payment of Rent. Lessee must pay rent annually, on or before each anniversary of this Lease unless this Lease specifies a different rent schedule. The first installment is due on the beginning date of this Lease or within 60 days of Lessor authorizing the Lease at a public meeting, whichever is later. Rent is due each year in advance. Should Lessee submit payments that are less than the full amount of rent due under this Lease, Lessor may provide a supplemental billing invoice. Rent will not be refunded or prorated if Lessee discontinues use of the Lease Premises during the term.
2.3. Place for Payment. All payments under this Lease must be submitted to Lessor’s principal office as specified in this Lease. Lessee may contact Lessor’s accounting staff for Lessor’s current practices for payment by credit card or electronic fund transfer.
2.4. Courtesy Invoices. Lessor may send courtesy invoices to the address on file for Lessee at least thirty (30) days before a rent payment is due. Lessor’s failure to, or delinquency in, providing invoices will neither excuse Lessee from paying rent nor extend the time for paying rent. If Lessor does not send a courtesy invoice, Lessee must submit rent in the amount of the prior year’s rent when due and contact Lessor within thirty (30) days to determine the balance due.
2.5. Penalties and Interest. Penalties for late payments of any amounts due under this Lease and interest thereon are as provided in Title 2, California Code of Regulations section 1911(b). Timeliness of receipt of remittances shall be as provided in Title 2, California Code of Regulations section 1911(a).
2.6. Annual Adjustment of Rent. The rent specified in Section 1 of this Lease will be adjusted annually by the Consumer Price Index as specified in Title 2, California Code of Regulations section 1900(m) & (n) unless otherwise specified in this Lease.
2.7. Review of Non-Monetary Consideration. If rent is discounted or waived pursuant to Title 2, California Code of Regulations section 2003(e)(4), Lessor may review such determination at any time and set a monetary rental. Lessee shall be given at least thirty (30) days’ notice prior to the date of the Commission 4899-0946-9075 v1
Section 3 General Provisions Page 4 of 22 Form 51.16 (Rev. 4/24) meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date that the rent is changed, whichever provides more notice.
2.8. Periodic Rent Review. Lessor may modify the method, amount, or rate of consideration effective on each tenth anniversary of the beginning date of this Lease, in addition to the last two years of the Lease as provided in Provision 14.4 below. Lessor shall consider the factors provided in Title 2, California Code of Regulations section 2003(d) when determining whether a rent modification is appropriate and which rental method listed in section 2003(a) should apply.
Should Lessor fail to exercise such right effective on any tenth anniversary, it may do so on any one (1) of the next nine (9) anniversaries following such tenth anniversary, without prejudice to its right to modify rent on the next or any succeeding tenth anniversary of the beginning date. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered or thirty (30) days’ notice prior to the effective date of the increase, whichever provides a greater notice period.
2.9. If Lessor elects to prepare an appraisal to establish a new rent, Lessee may, at its option, also provide a timely independent appraisal at its sole expense for Lessor’s review and consideration. Prior to Lessee’s contracting for such appraisal, Lessor and Lessee shall negotiate in good faith and agree upon the terms and conditions for such third-party appraisal, including but not limited to the highest and best use, appraisal methodology, and minimum appraiser credentials. Such appraisal shall be prepared in accordance with generally accepted and applicable appraisal standards as they are adopted from time to time by the Appraisal Standards Board of the Appraisal Foundation, and Lessor’s Appraisal Guidelines.
2.10. Books and Records. Lessee must keep and maintain full and accurate accounting books and records of transactions from the Lease Premises in accordance with generally accepted accounting principles for at least the five (5) prior years. The accounting books and records kept and maintained by Lessee for audit purposes must include all records, receipts, journals, ledgers, and documents reasonably necessary to enable Lessor or its auditors to perform a complete and accurate audit of gross sales and exclusions from gross sales in accordance with generally accepted accounting principles. Lessee must also maintain an original receipt for the payment of taxes, assessments, or installments and deliver such to Lessor upon request.
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Section 3 General Provisions Page 5 of 22 Form 51.16 (Rev. 4/24)
2.11. Report of Gross Income. On Lessor’s request, Lessee must submit a Report of Gross Income on a form provided by Lessor for the prior five (5) years. This report together with supporting documentation (hereinafter collectively referred to as “Income Reports”) must include all business operations located on or over the Lease Premises. The gross income of sublessees and all others generating income on the Lease Premises must be reported separately and with sufficient organization and detail so that Lessor can identify the source of all gross income generated on the Lease Premises.
2.12. Audits. On not less than ten (10) days' prior written notice to Lessee, Lessor may cause an audit to be made of the Income Reports and all of Lessee's records and accounting books necessary (in Lessor’s judgment) to audit such items. Lessee will make all such books and records available for the audit at the Lease Premises or at Lessor’s offices. If the audit discloses an underpayment of Rent, Lessee will immediately pay to Lessor the amount of the underpayment with "Interest" (as provided in Paragraph 2.5), which will accrue from the date the payment should have been made through and including the date of payment. If the audit discloses an underreporting of rent in excess of two percent (2%) of the reported Gross Income, then Lessee will also immediately pay to Lessor all reasonable costs and expenses incurred in the audit and in collecting the underpayment, including auditing costs and attorney fees. If the audit discloses an overpayment of Rent, Lessee will be entitled to a credit in the amount of the overpayment against the next rent payment(s).
Paragraph 3: Surety
3.1. Lessee to Obtain Surety. Lessee shall provide a surety bond or other security device acceptable to Lessor when required by Section 1 of this Lease. Such security shall be for the specified amount, name the State of California, California State Lands Commission, as the assured, and guarantee to Lessor the faithful observance and performance by Lessee of all the terms, covenants, and conditions of this Lease.
3.2. Lessor’s Modification of Surety. Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need for security. The surety bond or other security device may be increased: (i) if any additional Improvements or activities are authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements such that the cost for removal of such Improvements is increased; (iii) when a periodic rent 4899-0946-9075 v1
Section 3 General Provisions Page 6 of 22 Form 51.16 (Rev. 4/24) review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease, (v) Lessor determines it is in the best interest of the state; (v) within the last two years of the Lease. Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one of the next four anniversaries without prejudice to its right to modify the surety on the next fifth anniversary or as otherwise provided above. Lessor will provide at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of the surety is considered, or thirty (30) days’ notice prior to the effective date of the increase.
3.3. Lessee’s Modification of Surety. Any security device required under this Lease must be maintained at all times during the Lease term. Lessee must first seek approval of Lessor before changing the surety holder or the type of security device used.
Paragraph 4: Insurance
4.1. Lessee Must Insure Lease Premises. Lessee must obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements. The coverage limit must be no less than the amount specified in Section 1 of this Lease.
4.2. Insurance Policy Requirements. The insurance policy must identify the Lease by its assigned number. The coverage provided must be primary and noncontributing. Lessee must keep such policy current. Lessor must be named as a “certificate holder” or an “additional interest” on the policy. Lessee must provide Lessor with a current certificate of insurance at all times. At Lessor’s request, Lessee must provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy.
4.3. Notice to Lessor. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason and shall act diligently to replace the insurance. Failure to timely replace the insurance may result in a default of the lease.
4.4. Modification. Lessor may require an increase in the amount of the insurance to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need. Insurance coverage may be increased: (i) if any additional Improvements or activities are 4899-0946-9075 v1
Section 3 General Provisions Page 7 of 22 Form 51.16 (Rev. 4/24) authorized on the Lease Premises; (ii) if Lessee modifies any existing Improvements or intensity of use; (iii) when a periodic rent review is conducted under section 2.8; (iv) on each fifth anniversary of this Lease; (v) Lessor determines it is in the best interest of the state; (vi)within the last two years of the Lease. Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one of the next four anniversaries without prejudice to its right to modify insurance requirements on the next fifth anniversary. Lessor will provide at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of insurance is considered, or thirty (30) days’ notice prior to the effective date of the increase.
Paragraph 5: Taxes, Assessments, and Fees
5.1. Revenue and Tax Code Section 107.6 Statement. Issuance of this Lease creates a possessory interest that may be subject to property taxation. The Lessee may be subject to, and is solely responsible for, any possessory interest taxes levied on the leasehold interest.
5.2. Lessee to Pay All Taxes, Assessments, and Fees. In addition to any Rent due under this Lease, Lessee must pay when due all real and personal property taxes imposed on or associated with the Lease Premises during the term of this Lease.
This includes, without limitation: possessory interest taxes, assessments, special assessments, user fees, and service charges. If this Lease begins or ends during a tax year, Lessee must pay the taxes, assessments, and fees for the portion of the tax year the Lease was in effect.
5.3. Reimbursement Agreements. Lessee must pay in full any amount owed on the Application Reimbursement Agreement within 30 days of invoice.
5.4. Records of Payments. Lessee shall keep the official and original receipt for payments required by this paragraph 5 and provide to Lessor upon request.
Paragraph 6: Land Use
6.1. Only Authorized Uses. Lessee will use the Lease Premises only for the purposes stated in this Lease. Any additional uses or Improvements require separate authorization from Lessor. Lessee must submit a separate application to Lessor to amend this Lease if Lessee intends to add to or alter the Improvements on, or change the uses of, the Lease Premises.
6.2. Lessee to Comply with All Applicable Laws. Lessee, at Lessee’s sole expense, will comply with all Applicable Laws. Lessee must give Lessor immediate written notice on Lessee’s becoming aware that the use or condition of the Lease 4899-0946-9075 v1
Section 3 General Provisions Page 8 of 22 Form 51.16 (Rev. 4/24) Premises is in violation of any Applicable Laws. Lessee must obtain and maintain all permits or other entitlements.
6.3. Lease Does Not Substitute for Permits. This Lease does not substitute for or provide preference in obtaining approval from other federal, state, or local agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and will be solely responsible for all costs incurred thereby.
6.4. No Discrimination. Lessee, in its use of the Lease Premises, must not discriminate against any person or class of persons on any basis protected by federal, state, or local law.
6.5. “As Is.” Lessee accepts the Lease Premises “as is” and acknowledges that:
6.5.1. Lessor, including its officers and employees, made no representations or warranties as to the suitability of the Lease Premises for any uses authorized under this Lease. Lessee is solely responsible for determining the suitability of the Lease Premises for any proposed use or Improvements; and
6.5.2. Lessor, including its officers and employees, has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to Applicable Laws. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and
6.5.3. Damage to or destruction of any Improvements on the Lease Premises by any cause whatsoever does not entitle Lessee to any reduction in rent or extension of this Lease; and
6.5.4. Any Improvements on the Lease Premises are considered personal property and not fixtures; and
6.5.5. Lessee accepts the hazards involved in using or improving such lands.
Lessor is not responsible for any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding, erosion, climate change, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards.
Lessee will not be reimbursed or receive offset of rent for such hazards; and
6.5.6. The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims. The Lease is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose.
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Section 3 General Provisions Page 9 of 22 Form 51.16 (Rev. 4/24)
6.6. Uses Inconsistent with the Public Trust Prohibited. Unless specifically authorized in this Lease, any use of the Lease Premises which is inconsistent with the Public Trust is prohibited when the Lease Premises are lands subject to the Public Trust.
Paragraph 7: Climate Change
7.1. Lessee acknowledges that the Lease Premises and adjacent upland may be subject to the hazards exacerbated by climate change, including sea level rise. Potential hazards to the Lease Premises from climate change include but are not limited to flood damage, erosion damage, earthquakes, tsunamis, and damage from waves and storm-created debris. Lessee acknowledges that these impacts associated with climate change may require additional adaptation or protection strategies applied to the improvements on the Lease Premises and additional maintenance.
7.2. Lessee assumes the risks associated with such potential hazards and agrees to be solely responsible for all damages, costs, and liabilities arising as a result of the impacts of such hazards on the Lease Premises. Any additional maintenance or protection strategies necessitated by such hazards may be subject to environmental review and require additional approval by the Lessor.
7.3. Lessee shall conduct monitoring reports within the first three years of lease execution or construction, and at five-year intervals thereafter for the life of the project; and shall also provide Lessor with monitoring reports following any extreme event, including, but not limited to: extreme tide event (including King Tides), earthquake, or tsunami that results in the declaration of a Local Emergency or a State of Emergency (as defined in Cal. Gov. Code § 8558) or a federal Emergency or Major Disaster (as defined in 44 C.F.R. § 206.2).
Paragraph 8: Environmental Matters
8.1. Lessee to Comply with Environmental Laws. Lessee, at its sole cost and expense, will comply with all Environmental Laws.
8.2. Hazardous Materials. Lessee will immediately notify Lessor of any known violation of any Environmental Laws, along with any action, claim, demand, inquiry, or order relating to a violation of Environmental Laws on the Lease Premises. Lessee must immediately provide copies of all related documents upon Lessor’s request. Lessee must immediately notify Lessor and the appropriate governmental emergency response agency, or agencies in the event of any release or threatened release of any Hazardous Material on or about the Lease 4899-0946-9075 v1
Section 3 General Provisions Page 10 of 22 Form 51.16 (Rev. 4/24) Premises.
8.3. Cleanup of Hazardous Materials. If Hazardous Materials are located on or released onto or about the Lease Premises due to Lessee’s activities on the Lease Premises, the Lessee is responsible for the cleanup and disposal of such Hazardous Materials consistent with all Applicable Laws. Lessee must submit a site assessment and removal/remediation plan prepared by a professional, licensed and qualified to remove or remediate the Hazardous Materials for review and approval by Lessor. If Lessor approves the plan in writing, Lessee must commence the removal/remediation at its sole expense, in conformance with all Applicable Laws. Alternately, Lessor may elect to perform the removal/remediation at Lessee’s expense. Lessee must compensate Lessor for the actual cost of the removal/remediation within thirty (30) days of receiving a written invoice from Lessor.
8.4. Inspection. Lessee will permit Lessor or its agents to enter the Lease Premises on 24-hour notice to inspect, monitor, or take remedial action with respect to Hazardous Materials. If Hazardous Materials are generated, stored, or transported on the Lease Premises, Lessor may require Lessee to conduct an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Materials. If this assessment or inspection is required, Lessor will be allowed to review and approve the contractor, and the work will be done at Lessee’s expense.
8.5. Conservation. Lessee will cooperate with and participate in conservation programs for water, electricity, composting, natural gas and recycling programs, including those for the collection of cardboard, metals, plastics, and glass at Lessee’s expense.
Paragraph 9: Repairs, Major Repairs, and Alterations
9.1. Lessee Required to Perform Repairs. Lessee is solely responsible for maintaining the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition. Lessee is not required to get Lessor’s advanced approval for routine Repairs.
9.2. Major Repairs Require Lessor Approval. Lessee must obtain Lessor’s advanced written approval prior to conducting any Major Repairs. The decision whether a Repair is a Major Repair, and the decision whether a lease amendment is necessary, will be made by Lessor and based on the scope, cost, and impacts of the work.
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Section 3 General Provisions Page 11 of 22 Form 51.16 (Rev. 4/24)
9.3. Alterations Require Lessor Approval. Any material change in the size, scope, density, type, nature, or intensity of Improvements on or uses of the Lease Premises from what is authorized in this Lease will be considered an Alteration.
Lessee may not conduct any Alterations without a modification of this Lease approved by Lessor. The decision whether a change constitutes an Alteration will be made by Lessor and based on the individual facts.
9.4. Improvements in Disrepair or Unsafe Condition. Lessee’s failure to maintain the Lease Premises or Improvements that have become unsafe or derelict entitle Lessor to require removal under Paragraph 14. After providing notice and opportunity to cure, Lessor may require submission of a written plan to restore the Lease Premises under Paragraph 14. Lessee’s failure to comply shall entitle Lessor to terminate this Lease, remove the Improvements from the Lease Premises and recover the costs incurred in doing so from the Lessee.
Paragraph 10: Lessor’s Reservation of Rights
10.1. Non-Exclusive Lease. Lessee’s right of occupancy is non-exclusive. Lessee may control access to the Improvements on the Lease Premises. Unless otherwise stated in this Lease, Lessee may exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with the Authorized Use of the Lease Premises.
10.2. Lessee Responsible for Impacts to Natural Resources and Public Trust Uses.
When the Lease Premises include school lands or sovereign lands, the Lessee is responsible for any damage or adverse impacts to Natural Resources within or adjacent to the Lease Premises. It is the intention of Lessor to limit the transfer of rights under this lease to the minimum level required to carry out the primary purpose of the Lease. Lessee’s use of the Lease Premises must minimize impacts to the Public Trust if the Lease Premises are subject to the Public Trust. Lessee must not interfere with public access or Public Trust uses authorized under statute and common law.
10.3. Mineral Resources. Mineral Resources may not be removed from the Lease Premises unless specifically authorized under this Lease. Lessee shall not extract, sell, damage, or use Mineral Resources found within the Lease Premises without specific authorization under this Lease. Lessor reserves the right to grant and transfer Mineral Resources along with the right to grant leases to third parties in and over the Lease Premises for the extraction of such Mineral Resources. Such leasing will not be inconsistent or incompatible with the rights or privileges of Lessee under this Lease.
4899-0946-9075 v1
Section 3 General Provisions Page 12 of 22 Form 51.16 (Rev. 4/24)
10.4. Right to Inspect. Lessor reserves the right to inspect the Lease Premises. If access to the Lease Premises is reasonably accomplished by passing through adjacent property owned by Lessee, Lessor shall provide 24-hour notice prior to entry and Lessee shall grant such entry for inspection of the Lease Premises.
10.5. Statutory Reservations. Lessor reserves to the public an easement across the Lease Premises complying with Public Resources Code section 6210.4 and Public Resources Code section 6210.5.
10.6. Multiple Overlapping Leases Allowed. Lessor reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease.
Paragraph 11: Indemnity
11.1. Lessee’s Sole Risk. Lessee’s use of the Lease Premises and any Improvements thereon, including use by guests and invitees, is at Lessee’s sole and exclusive risk.
11.2. Lessee to Indemnify Lessor. Except to the extent caused by the sole negligence or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance, enjoyment, interpretation, or breach of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee’s failure to comply with any Applicable Laws or violation of any Environmental Laws; (8) The costs for any cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during Lessee’s occupation of the Lease Premises. This obligation includes any prior leases between Lessee and Lessor and will continue until Lessee has performed all duties under Paragraph 14.
4899-0946-9075 v1
Section 3 General Provisions Page 13 of 22 Form 51.16 (Rev. 4/24)
11.3. Lessor Not Required to Defend. Lessor need not defend itself against all or any aspect of any challenge to this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge.
11.4. Lessee to Notify Lessor. Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises.
Paragraph 12: Assignment, Encumbrance, or Sublet
12.1. Lessor’s Consent Required for Assignment. Lessee shall not mortgage; hypothecate; encumber; assign; sublet; enter into franchise, license, or concession agreements; or otherwise transfer all or part of this Lease (collectively “Assign” or “Assignment”) without Lessor’s advanced and expressed consent at a properly noticed public meeting. Any purported Assignment without Lessor’s consent will be void and of no force or effect and will not confer any estate or benefit on anyone. A consent to one Assignment by Lessor will not be deemed to be a consent to any subsequent Assignment by or to any other party.
12.2. Lessee Actions Not Considered Assignments. If Lessee is a public corporation whose stock is traded on a nationally recognized stock exchange, sale or transfer of such stock is not an Assignment.
12.3. Procedures. If Lessee desires to Assign this Lease, Lessee will apply to Lessor for the proposed Assignment. The Assignment will be considered by Lessor at a public meeting. Lessor may require any of the following in considering consent of an Assignment: (a) the nature, effective date, terms, and conditions of the assignment; (b) a description of the identity, net worth, and previous business experience of the proposed assignee; (c) a complete business plan prepared by the proposed assignee; and (d) any further information relevant to the proposed Assignment that Lessor reasonably requests. Lessor may either (i) consent to the proposed Assignment; (ii) refuse to consent to the proposed Assignment; or (iii) determine that it is preferable to terminate this Lease and issue a new lease to the proposed assignee.
12.4. Standard for Consent. Lessor may refuse its consent to the proposed Assignment on any reasonable grounds. Reasonable grounds include, without limitation: (a) the proposed assignee intends to use the Lease Premises for different activities or uses than those set forth in Section 1; (b) the proposed assignee’s financial condition is deemed by Lessor to be inadequate to support 4899-0946-9075 v1
Section 3 General Provisions Page 14 of 22 Form 51.16 (Rev. 4/24) the financial and other obligations of Lessee under this Lease; (c) the business reputation or character of the proposed assignee is not reasonably acceptable to Lessor; (d) the proposed assignee is not likely to conduct a business of a quality substantially equal to that conducted by Lessee; (e) the proposed assignee’s planned use of the Lease Premises would increase the burden on the Lease Premises, involve an increased risk of the presence, use, release, or discharge of Hazardous Materials; or (f) Lessor has not received adequate assurance that all breaches will be cured before the effective date of the proposed Assignment.
12.5. Additional Terms. Lessee’s Assignment of the Lease does not release Lessee from liability for any Hazardous Materials or ordinance manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during Lessee’s tenancy. An unauthorized assignment does not relieve Lessee from its covenants and obligations under this Lease. Lessor’s acceptance of any payment due under this Lease from any person other than Lessee will not be deemed to be a waiver by Lessor of any provision of this Lease or to be a consent to any Assignment.
12.6. Bankruptcy. If Lessee files a petition or an order for relief is entered against Lessee under the Bankruptcy Code (11 U.S.C. § 101, et seq.), then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or as that deadline may be extended by order of the court, or the Lease shall be deemed to have been rejected and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all breaches of this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (a) that within ten (10) days from the date of such assumption or assignment, all monetary breaches of this Lease will be cured; and (b) that within thirty (30) days from the date of such assumption, all non-monetary breaches of this Lease will be cured; and (c) that all provisions of this Lease will be satisfactorily performed in the future.
12.7. Permitted Assignments. The following Assignments are permitted under this Lease without Lessor’s consent: (a) Assignment caused by the death of a spouse where the full interest of the deceased spouse is Assigned to a surviving spouse who is a co-lessee on this Lease, provided Lessor is notified in writing within thirty (30) days of the assignment; (b) assignment caused by the dissolution of the marriage of Lessee when the full interest of one spouse is assigned to the other 4899-0946-9075 v1
Section 3 General Provisions Page 15 of 22 Form 51.16 (Rev. 4/24) spouse who is a co-lessee on this Lease, provided Lessor is notified in writing within thirty (30) days of the transfer; and (c) substitution or succession of a new trustee if the Lease is held in trust and the Lessee is a trustee or successor trustee thereof, provided Lessor is notified in writing no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason.
12.8. Lessee Remedies. If Lessor withholds or conditions its consent and Lessee believes that Lessor did so contrary to the terms of this Lease, then Lessee’s sole remedy will be to prosecute an action for declaratory relief to determine if Lessor properly withheld or conditioned its consent, and Lessee hereby waives all other remedies.
Paragraph 13: Breach
13.1. Events of Breach. All covenants and agreements contained in this Lease are declared to be conditions to this Lease. Lessee’s failure to pay rent when due or any other charges under this Lease for five (5) days after written notice from Lessor to Lessee will be considered a monetary breach. Lessee’s failure to perform any other promise, covenant, or agreement under this Lease for more than thirty (30) days after written notice from Lessor to Lessee will be considered a non-monetary breach. If a non-monetary breach cannot be cured within the thirty (30)-day period, the breach will be deemed to be cured if Lessee begins to cure the breach within the thirty (30)-day period and continues to diligently complete the cure.
13.2. Breach of Lease. Lessor shall provide written notice to Lessee specifying the particulars of the breach. Should Lessee fail to cure the breach within the period specified in Paragraph 13.1, then Lessor may elect to pursue any available remedies under law, or those specified in paragraph 13.3, below.
13.3. Remedies on Breach of Lease. In addition to any other rights or remedies at law or equity, Lessor may, without further notice, (a) terminate this Lease, reenter and take possession of the Lease Premises and remove all persons and all Improvements therefrom at Lessee’s cost; or (b) keep this Lease in effect without declaring this Lease terminated and without terminating Lessee’s right to possession, reenter the Lease Premises and occupy the whole or any part for and on account of Lessee and collect any unpaid rentals and other charges that have become payable or that may thereafter become payable; or (c) terminate this Lease after reentering the Lease Premises as provided in subclause (b) above. Any notice required to be given by Lessor above will be 4899-0946-9075 v1
Section 3 General Provisions Page 16 of 22 Form 51.16 (Rev. 4/24) instead of, and not in addition to, any notice required under the laws of the State of California.
13.4. Determination of Rental Value. If rent under this Lease is calculated as percentage of Lessee’s income attributable to the Lease Premises and Lessee abandons the Lease Premises, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.
13.5. Acceptance of Rent When Lessee is in Breach. Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor’s knowledge of the preexisting Breach at the time rent is accepted, unless the breach was a monetary breach and the payment occurs during the cure period specified in Paragraph 13.1.
13.6. Acceptance of Payments After Lease Termination. Lessee’s submission or Lessor’s acceptance of any payments after the expiration or termination of this Lease shall not reinstate or extend this Lease. Lessor may elect to retain any payment submitted and apply these payments to offset any damages claimed against Lessee; or Lessor may elect to allow a holdover tenancy under Paragraph 14.6; or Lessor may elect to refund the payments less a reasonable handling fee.
13.7. Waiver of Rights. The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party.
Paragraph 14: Conditions of Lease Termination
14.1. Use of State Land. This Lease authorizes the use or occupation of state land for a fixed term of years without options or rights of renewal. Lessee accepts that future leases authorizing the continued existence of any Improvements constructed or maintained by Lessee on the Lease Premises are subject to a discretionary action of the California State Lands Commission. Submission of an application for a new lease does not guarantee a new lease will be granted to Lessee. Lessee acknowledges that construction of Improvements on the Lease Premises and investment in or obtaining financing for the uses authorized under this Lease is done in full understanding that future leases are not guaranteed.
Lessee also affirmatively represents that the cost of removing Improvements was considered before entering into this Lease and placing or assuming any Improvements on state land.
4899-0946-9075 v1
Section 3 General Provisions Page 17 of 22 Form 51.16 (Rev. 4/24)
14.2. Abandonment. Lessee’s right of access to the Lease Premises was a material consideration in Lessor issuing this Lease. If, without prior notice to Lessor, Lessee sells, abandons, or loses title to the upland property adjacent to the Lease Premises, or otherwise loses the legal right to access the Lease Premises, Lessor may deem this an abandonment of the Lease Premises. Lessee must actively maintain and manage any Improvements authorized by this Lease. Should Lessee discontinue use, management, or maintenance of the authorized Improvements, Lessor may deem this an abandonment and elect to terminate the Lease. Alternately, Lessor has the remedy described in California Civil Code section 1951.4 (Lessor may continue lease in effect after Lessee’s breach and abandonment and recover rent as it becomes due if Lessee has right to sublet or assign, subject only to reasonable limitation). Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease.
14.3. Restoration. In issuing this Lease it is Lessor’s understanding that all Improvements will be removed from state land at the expiration or termination of this Lease. If Lessee abandons the Lease Premises, or Lessor terminates this Lease, or this Lease expires without execution of a new lease authorizing Lessee’s use of the Lease Premises, Lessee must: 1) remove all Improvements regardless of whether Lessee constructed or placed Improvements together with all debris at its sole expense and risk, restoring the Lease Premises to as close as possible to an unimproved condition to Lessor’s satisfaction; and 2) immediately surrender possession of the Lease Premises. Lessor may, in its sole discretion, allow all or any portion of the Improvements to remain in place. In carrying out this obligation, Lessee acknowledges that further authorizations, review of the Restoration Plan, and environmental review may be necessary as outlined in Section 14.4 below.
14.4. Two Years Prior to Expiration. (A) If Lessee desires to continue the uses authorized under this Lease, Lessee shall submit an application together with all required fees at least two years prior to the expiration of this Lease. Submission of an application does not guarantee a new lease will be granted to Lessee. (B) If Lessee does not desire to occupy the Lease Premises beyond the term of this Lease, then two years prior to the expiration of this Lease, Lessee shall submit an application, including a detailed plan to remove all Improvements and restore the Lease Premises to the condition existing prior to the installation or construction of any Improvements. The plan must include a timeline for obtaining all necessary permits. The restoration plan may require a subsequent environmental review and approval from Lessor. (C) Lessor may modify annual 4899-0946-9075 v1
Section 3 General Provisions Page 18 of 22 Form 51.16 (Rev. 4/24) rent, surety and insurance within the last two years of the Lease.
14.5. Failure to Restore Lease Premises. Lessee’s failure to remove improvements, restore the Lease Premises, or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof. Lessee shall not be entitled to any compensation for Improvements left on the Lease Premises at the termination or expiration of this Lease. Lessor may, in its sole discretion, elect to treat the Improvements as abandoned and remove all or any portion of Improvements from the Lease Premises. Lessee’s failure to adequately restore the Lease Premises imposes significant financial liability on Lessor. As a result, Lessee shall be responsible for all expenses incurred by Lessor in restoring the Lease Premises, including, without limitation, staff time, environmental work or permitting, contractor costs, and reasonable attorney’s fees.
14.6. Holdover. This Lease terminates without further notice at the end of its term.
Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises and allow a period of holdover tenancy. Any holdover tenancy shall be on a month-to-month basis. Lessee’s submittal of annual rent during holdover does not constitute tenancy longer than month-to-month. Any holdover tenancy shall be on the same terms as this Lease insofar as such terms can be applicable to a month-to-month tenancy. The rent for each month or any portion thereof during such holdover period is one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid. The month-to-month tenancy may be terminated by Lessor upon thirty (30) calendar days’ prior written notice to Lessee.
14.7. Holdover on Leases with No Monetary Consideration. In the event this Lease does not require monetary consideration, 14.6 shall continue to apply, and in addition: 1) Lessor shall have the right to establish rent based on the fair market value of the Lease Premises, and 2) In no way shall the prior lease consideration limit damages for trespass.
14.8. Quitclaim. In the event this Lease is terminated prior to expiration, Lessee shall deliver a quitclaim of all rights under this Lease to Lessor on request. Lessee shall execute and deliver such quitclaim to Lessor in a form provided by Lessor.
Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.
4899-0946-9075 v1
Section 3 General Provisions Page 19 of 22 Form 51.16 (Rev. 4/24) Paragraph 15: Additional Provisions
15.1. Conflict in Terms. In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control.
15.2. Boundaries. This Lease does not establish the State's boundaries in so far as it relates to land and resource jurisdiction and ownership and is made without prejudice to either party regarding any land and water boundary or title claims which may be asserted presently or in the future.
15.3. No Waiver. Lessor’s acceptance of a late or nonconforming performance shall not constitute a waiver unless such waiver is expressly acknowledged by Lessor in writing. Lessor’s delay in or omission to exercise any right under this Lease shall not constitute a waiver.
15.4. Time is of the Essence. Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
15.5. Notice. All notices required to be given under this Lease shall be given in writing, sent by U.S. Mail or other reputable private carrier with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessor’s staff and Lessee may agree to accept any notice by electronic mail. Lessee shall give Lessor notice of any change in its name or address.
15.6. Consent. Lessor’s consent to one transaction or event shall not be deemed to be a consent to any subsequent occurrence.
15.7. Changes. This Lease may only be amended, revised, or supplement by written agreement of the Parties.
15.8. Joint and Several Obligation. If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
15.9. Captions. The section and paragraph captions used in this Lease are for the convenience of the Parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
15.10. Severability. If any term, covenant, or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
4899-0946-9075 v1
Section 3 General Provisions Page 20 of 22 Form 51.16 (Rev. 4/24)
15.11. Representations. Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor except those stated in this Lease. This document contains the entire agreement of the Parties. No verbal agreements, representations, warranties, or other understandings affect this Lease. Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement, or understanding not contained in this Lease.
15.12. Gender and Plurality. In this Lease, words importing any gender include any or all genders, and the singular number includes the plural whenever the context so requires.
15.13. Survival of Certain Covenants. All covenants pertaining to bond, insurance, indemnification, restoration obligations, breach or remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
15.14. Counterparts. This agreement may be executed in any number of counterparts and by different Parties in separate counterparts.
15.15. Delegation of Authority. Lessor and Lessee acknowledge that Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
15.16. Successors. The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
[Remainder of the page left intentionally blank.]
4899-0946-9075 v1
Section 3 General Provisions Page 21 of 22 Form 51.16 (Rev. 4/24)
STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NUMBER: 4585
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.
LESSEE:
CITY OF PACIFICA
By: _________________________________
Title: _________________________________
Date: ________________________________
LESSOR:
STATE OF CALIFORNIA
STATE LANDS COMMISSION
By: _________________________________
Robert Brian Bugsch
Title: Chief, Land Management Division
Date: ________________________________
Execution of this document was authorized by the California State Lands Commission on _______________________________.
ATTACH ACKNOWLEDGMENT
EXHIBIT A
LEASE 4585
LAND DESCRIPTION
A parcel of tide and submerged land, lying in the bed of the Pacific Ocean adjacent to Rancho San Pedro as shown on the approved plat dated February 26th, 1860, Santa Mateo County, State of California and more particularly described as follows:
Commencing at Standard City Monument on the centerline of Santa Rosa Avenue as shown on that Parcel Map filed August 22, 1985 in Book 56 of Parcel Maps at page 25, San Mateo County from which a Standard City Monument on said centerline bears South 89°58’50” East 525.15 feet; thence westerly along said centerline North 89°58’50” West 40.00 feet to the intersection with the centerline of Beach Boulevard; thence along the prolongation of the centerline of Santa Rosa Avenue
25.00 feet to the westerly line of Beach Boulevard and the POINT OF BEGINNING; thence North 00°01’10” East 40.00 feet along said westerly; thence leaving said westerly line North 89°58’50” West 1030.00 feet; thence North 00°01’10” East 130.00; thence North 89°58’50” West 80.00 feet; thence South 00°01’10” West 210.00 feet; thence South 89°58’50” East 80.00 feet to said westerly line; thence North 00°01’10” East 40.00 feet along said westerly line to the POINT OF BEGINNING EXCEPTING THEREFROM any portion lying landward of the Ordinary High Water Mark of the Pacific Ocean.
END OF DESCRIPTION
PREPARED 2/04/2021 BY THE CALIFORNIA STATE LANDS COMMISSION BOUNDARY UNIT
07/28/2006 14:04 6503557256 CALERA CREEK PAGE
STATE
STATE
LANDS
OF CALIFORNIA
COMMISSION
A
PUBLIC AGENCY PERMIT NO, 4585.9 PUBLIC RESOURCES CODE SERIES For such sole and exclusive purpose, and subject to such terms y 2on- ~ ditions A restrictions » reservations and limitations as are herein set forth:
“The State of California, hereinafter designated as the State » acting through the Stete Lands Commission and pursuant to the authori+ ty contained in Division 6,of the Public Resources Code and the rules and regulations adopted thereunder, does hereby grant a PERMIT to City of Pacifica
, State of California,
for a term of forty nine (lo) years,
beginning
_ June 1, 1911 and ending___
May 32, 2020
of » in and upon those certain tide and submerged lenós situate in the County of
| San Mateo 3 State of California, and more particu=
larly described and depicted on Exhibits "A" and "B" attached and by reference made a ‘pert nereot .
mis permit is subjectto existing contracts, leases, licenses, easenents , encumbrances and claims which may affect lessed premises, and this permit is made without vorranty by State of title, , “quiet enjoyment, condition or fitness of the leased ¿remises for the intended use, or any other werrenty whatever, except that Pemittee faithfully keeping all the terms , provisions and conditions of this permit on Permittee's part to be performed, State agrees not to interfere with Permittee's possession of the leased premises, except as herein may otherwise be - provided.
， This permit is not intended $0 constitute the establishment of thé State! & boundary and is to be without prejudice to any boundary claims which may * in the future be asserted.
AA
si.e
Rev, 12/69
61/86
07/28/2006 14:64 6563557256 CALERA CREEK PAGE 62/66
The sole and entire consideration to the State for the within permit shell be the public benefit, However, the State reserves the right to review the consideration et any time and to set a monetary rental if the State Lands Commission shall determine that such action is in the State's best interest.
Said lena shell be used only for the construction, operation and maintenance of
a public fishing pier, 30" diameter sanitary sewer outfall and seawall which shall in all respects comply with all epplisable laws, rules and regulations and shall in no wey interfere with nor obstruct navigation.
Said perwit ehall continue end shall remain in effect only so long as the land shall be used, utili d, And maintained for the purpose herein specified, and any time upon the discontínuance of such use and maintenance for a period of 180 days said permit shell, at the option of the State end upon written notice thereof to the permittee, cesse and terminate and the State shell have the right to forthwith re-enter upon and take possession of said land end at its option remove all, or any portion or portions, of ény structures, roadways and fils! from seid land at,the cost and expense of Said permittee.
The Stete expressly reserves the right to grant easements or crossings , over, upon and under the said demiseg right-of-way and nothing herein contained “shat be construed as limiting the powers of the State to lease, convey, O a otherwise transfer or encumber, during the life of this permit ell or any portion " Or portions of the hereinbefore described State lanás for any purpose whatsoever not inconsistent or incompatible with the rights or privileges granted to the said permittee,
There is reserved to the State all natural yesources, timber and minerals, including oil or gas in or above the described land, and the right to grent in, over and across said iands, leases, easements and/or rights-of-way to extract or remove such naturel resources » timber or minerals as provided by law and the rules and regulations of the State Lends Commission end without compensation to the said permittee,
51.2 PAGE 63/06
07/28/2006 14:84 6503557256 CALERA CREEK
The Permittee shall be liable for and agrees to indemnify the State against any loss, damage, claim, demand or action, caused by, arising out of, or connected with the construction or maintenance of structures upon, or the use by the Permittee and/or agente thereof, of the demiged premises; | The Permittee shall not transfer nor assign this agreement and shall not sublet said land nor any part thereof, except upon the prior written consent of the Stete first had and obtained,
premises for the purpose of inspecting the leased lana.
This agreement will become binding on the State Only when duly executed on behalf of the State Lands Commission of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this sereement as of the date hereefter affixed,
THE TERMS AND CONDITIONS oF THE
‘HEREIN PERMIT ARE ACCEPTED: STATE OF CALIFORNIA
STATE COMMISSION
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STATE OF CALIFORNIA
| COUNTY OF SACRAMENTO
SS
DIN
July , A.D., 1971,
for the State ¢* California,
y personally
On this 9th day of
before me, the undersigned, e Notary Public in and
with principal office in the County of Sacramento
appeared James F. Trout
Known to me to be the Manager, State Lands Progran,
| the
of the
within
STATE
Instrument,
LANDS COMMISSION » STATE OF CALIFORNIA, the Commission that executed known to be the person who executed the within Instrument,
mission
on behalf
executed
of the
the
Commission there named, and acknowledged to me that such Comwith Instrument pursuant to a resolution of its Conmissionars, WITNESS my hand and official seal.
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REYNA L. SHAPI
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NOTARY PUBLIG. CALIFORNIA Neme (Typed ‘Or Printed )
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07/28/2006 14:04 6503557256 CALERA CREEK PAGE 04/86
EXHIBIT "An
Lessee: City of Pacifica W 8933
the
Three
Sharp
parcels
Park
of
Area
tide and submerged land lying in the Pacific Ocean, within more particularly
of the City of Pacifica, San Mateo County, California,
described as follows:
' PARCEL A:
200
A strip
feet
of
on
tide
each
and
side
submerged land, the uniform width of 1,000 feet, lying
of the following described centerline:
BEGINNING at the intersection of the westerly line of Ocean Boulevard now known as Beach Boulevard with the centerline of Santa Rosa Avenue, as said Boulevard and Avenue are shown on the map entitled "REVISED MAP SALADA BEACH SAN MATEO CO., County
CAL." which map was filed in the Office of the Recorder of the page
of San Mateo on August 5, 1907, in Book 5 of Maps at .
line
20; thence westerly along the westerly prolongation of the center centerline.
of Santa Rosa Avenue 20 feet to the end of the herein deseribed PARCEL B:
A
feet
strip
on
of
each
tide and submerged land, the uniform width of 500 feet, lying 250 side of the following described centerline: -
COMMENCING at the above mentioned point of beginning of Parcel A; thence westerly along the westerly prolongation of the centerline of Santa Rosa Avemie 20 feet to the TRUE POINT OF BEGINNING:
’
end
thence
of
continuing along the westerly prolongation 1,430 feet to the the herein described centerline.
PARCEL C:
‘A
feet
strip
on each
of tide
side
end submerged land, the uniform width of 100 feet; ‘lying 50 of the following described centerline:
A;
COMMENCING at the above mentioned point of beginning of Parcel centerline
thence westerly along the westerly prolongation of the
of Santa Rosa Avenue 1,450 feet to the TRUE POINT
OF BEGINNING; thence continuing along the westerly prolongation 1,550 feet to the end of the herein described centerline, Y ae
AN Date:
= , 和 一 宁 - Prepared By: tonal”
Checked/Reviewed By: fiw
Date: W- 5-7;
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07/28/2006 14:64 6503557256 CALERA CREEK PAGE @
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Resolution No. 71-71
A Resolution of the Council of the City of Pacifica
Approving the Execution of a Permit to Utilize a
Portion of Tidal and State Submerged Lands between
the City of Pacifica and the State of California, State Lands Commission ,
WHEREAS, the City of Pacifica has proposed to construct a fishing pier - marine outfall structure west of Beach Blvd. along the westerly extension of Santa Rosa Avenue within the Sharp Park Area of the Clty of Pacifica, and “WHEREAS , the City of Pacifica and the State Lands Commission of the State of California have mutually agreed that the construction of the pro- . posed fishing pier — marine outfall Structure is in the best interest of the citizens of the State of California as well as the citizens of the City of Pacifica, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica approves the public agency permit as prepared by the State Lands Commission between the City of Pacifica for 49-years duration beginning June 1, 1971' and ending May 31, year 2020.
BE IT FURTHER RESOLVED that the Mayor of the City of Pacifica is hereby authorized to execute the subject permit between the City of Pacifica. and the State Lands Commission.
Passed and adopted at a meeting of the Council of the City of Pacifica. held on the l4rh day of June, 1971, by the following vote:
AYES, Counciimen: Farber, Minshew, Modena and Mayor MeCarthy NOES, Councilmen: None
ABSENT, Councilmen: Gust
ABSTAIN, Councilmen: None
: : £2 li E azi o
> |
COUNTY
Stave op
OF
cnLIroRNI
SAÑTRAYEO”
GZanEAe d. A AL E
pS Mayor E
ATTEST: ramo cr ot antes: SWATHE, Clty Clerk ofthe CHy of Pacifica,